VED PRAKASH Vs. OM PRAKASH

JUDGEMENT

(1.) This revision petition has been filed by the petitioner against the order dated 26-07-2012 passed by State Consumer Disputes Redressal Commission, Haryana (in short, 'the State Commission') in Appeal No. 1201 of 2011 M/s Ved Prakash & Sons & Ors. Vs. Om Prakash by which while dismissing appeal, order of District Forum allowing complaint was upheld.

(2.) Brief facts of the case are that complainant/respondent purchased six packets of cotton seeds from Opposite Party No. 1 /Petitioner No. 1 and had sown seeds in his field. Complainant also spent huge amount in ploughing the field, watering and spraying pesticides, etc. Seeds did not germinate properly. Complainant approached opposite party but they did not pay heed to the request of complainant. Complainant moved application to Dy. Director, Agriculture, Fatehabad who constituted committee and submitted report according to which complainant suffered loss to the extent of 80 to 90%. Opposite Party No. 3 is the manufacturer of seeds. Alleging deficiency on the part of opposite parties, complainant filed complaint before District Forum. Opposite parties No. 1 & 2 resisted complaint and submitted that they are only dealer of seeds and they sold seeds in sealed and packed condition, which were of good quality and prayed for dismissal of complaint. Opposite party no. 3/petitioner no. 3 submitted that complainant did not follow proper instructions while sowing the seeds and further submitted that seeds were of good quality and prayed for dismissal of complaint. Learned District Forum after hearing both the parties allowed complaint. Appeal filed by opposite party was dismissed by learned State Commission vide impugned order against which this revision petition has been filed.

(3.) Heard learned counsel for the parties finally at admission stage and perused record.